FleetSafer® Software License Agreement
Please read these terms and conditions carefully before you use FleetSafer. Your use of FleetSafer indicates that you accept these terms and conditions and the Aegis privacy policy located at www.aegismobility.com/home/privacy as amended from time to time. If you do not accept these terms and conditions, do not download, launch, or otherwise use FleetSafer software or service.
FleetSafer License and Use Limitations
Subject to your compliance with the terms and conditions of this Agreement and continued payment of the applicable fees, Aegis hereby grants to you a non-exclusive, non-transferable license to use FleetSafer, solely in connection with your use of the FleetSafer Service on a single mobile telephone or mobile computing device. This license shall immediately terminate when the earliest of the following occurs: (a) this Agreement terminates, or (b) your access to FleetSafer is suspended, canceled or otherwise terminated.
Except for the limited licenses expressly granted in this Agreement, Aegis retains all right, title and interest in and to FleetSafer, including without limitation all related intellectual property rights. No licenses or other rights which are not expressly granted in this Agreement are intended to, or shall be, granted or conferred by implication, statute, inducement, estoppel or otherwise, and Aegis and its suppliers and licensors hereby reserve all of their respective rights other than the licenses explicitly granted in this Agreement.
Limitations
You agree not to do any of the following: (a) reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change FleetSafer, or any part thereof; (b) attempt to derive the source code or structure of the FleetSafer Software without the prior express written consent of Aegis; (c) remove or alter, any of Aegis’ or its suppliers’ trademarks, trade names, logos, patent or copyright notices, or other notices or markings; (d) distribute, sublicense or otherwise transfer FleetSafer to others; (e) use FleetSafer in any manner that (i) infringes the intellectual property or proprietary rights, rights of publicity or privacy or other rights of any party, (ii) violates any law, statute, ordinance or regulation, including but not limited to laws and regulations related to spamming, privacy, consumer and child protection, obscenity or defamation, or (iii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (f) violate or attempt to violate the security of FleetSafer, including, without limitation, (i) accessing data not intended for you or logging into a server or account which you are not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (iii) attempting to interfere with, disrupt or disable service to any end user, host or network, including, without limitation, via means of overloading, "flooding", "mail-bombing" or "crashing", (iv) forging any TCP/IP packet header or any part of the header information in any e-mail, (v) taking any action in order to obtain services to which you are not entitled or (vi) sending any virus, worm, trojan horse or other harmful code or attachment. Violations of system or network security may result in civil or criminal liability; and (g) lease, rent out, or otherwise permit unauthorized access by third parties to FleetSafer without advance written permission of Aegis.
You agree that Aegis and/or identified incorporated third parties own all rights, title and interests in FleetSafer. This includes but is not limited to any and all rights existing under patent law, trade secret law, and intellectual property rights. This provision shall survive any termination of this Agreement.
Limited Warranty and Disclaimers
Aegis does not warrant that your use of FleetSafer will be uninterrupted or error-free. Rather, temporary interruptions of FleetSafer may occur from time to time (such as when you drive into an area that has no coverage or when FleetSafer or the FleetSafer Service is undergoing maintenance) and FleetSafer may interrupt or otherwise disrupt your communication when you are not driving and when it is not wanted. Aegis will exercise reasonable efforts to attempt to limit or prevent such occurrences.
Aegis has technological and operational security policies and procedures to protect your information from loss, misuse, alteration, or unintentional destruction, but Aegis makes no representations or warranties regarding the security of FleetSafer or the transmission of data or information to and from FleetSafer and the FleetSafer Service. Aegis will not be liable to you or anyone else in the event of any unauthorized infiltration of any of its systems.
Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL AEGIS OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING IN EACH CASE, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE EQUIPMENT OR ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE FLEETSAFER SOFTWARE OR FLEETSAFER SERVICE, EVEN IF AEGIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER [INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE], THE ENTIRE LIABILITY OF AEGIS AND OF ALL OF AEGIS’ SUPPLIERS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR FLEETSAFER AND AS PART OF YOUR SUBSCRIPTION TO THE FLEETSAFER SERVICE. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent permissible pursuant to applicable law, in no event will Aegis, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else when using FleetSafer. You are responsible for the entire risk arising out of your use FleetSafer.
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold Aegis and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to reasonable attorney fees, arising out of or in connection with your use of FleetSafer.
Arbitration and Governing Law
You agree that any dispute, claim or controversy, including arbitrability, arising out of or relating to this Agreement and FleetSafer shall be exclusively submitted to binding arbitration involving a neutral arbitrator and administered by The British Columbia Arbitration & Mediation Institute in British Columbia, Canada. The arbitrator shall apply the Rules of the Institute for the Conduct of Commercial Mediation, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction.
You agree that the arbitrator may provide any form of relief, including punitive damages and injunctive relief. The parties agree that the arbitrator may not consolidate more that one person’ s claims, and may not otherwise preside over any form of a representative proceeding.
This Agreement hereunder will be governed by and construed in accordance with the laws of the British Columbia, Canada, without giving effect to its conflict of laws provisions. To the extent judicial action is necessary in connection with the binding arbitration, both Aegis and you agree to submit to the exclusive jurisdiction of the courts of British Columbia, Canada. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Miscellaneous
This Agreement constitutes the entire agreement between Aegis and you with respect to the subject matter hereof. All previous negotiations, understandings, representations, warranties, memoranda or commitments in relation to, or in any way affecting, the subject matter of this Agreement are merged in and superseded by this Agreement and shall be of no force or effect whatever and no party shall be liable to any other party in respect of those matters.
Aegis’ or your failure to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
No oral explanation or information provided by either party to the other shall affect the meaning or interpretation of this Agreement, or constitute any collateral agreement, warranty or understanding between the parties.
The headings in this Agreement are for convenience of reference only, will not be deemed to be a part of this Agreement, and will not be referred to in connection with the construction or interpretation of this Agreement. As used in this Agreement, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation but are indicative rather than exhaustive and deemed to be followed by the words “without limitation.”
If you have any questions regarding the terms of this Agreement, please contact Aegis by sending an email to This email address is being protected from spambots. You need JavaScript enabled to view it., by writing to Aegis Mobility, End User License Agreement, 8525 Baxter Place, Suite 201, Burnaby, BC, V5A 4V7, CANADA.